S T A T E   O F   N E W   Y O R K
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                                  2519--A
                                                         Cal. No. 107
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ, ABBATE, BRONSON, PEOPLES-STOKES,
   WEPRIN, ABINANTI, SEAWRIGHT, BICHOTTE HERMELYN, HEVESI, RAMOS,  REYES,
   GOTTFRIED, WALCZYK, WALLACE, CRUZ, JACOBSON, SILLITTI -- read once and
   referred  to  the Committee on Insurance -- ordered to a third reading
   -- passed by Assembly and delivered to the Senate, recalled  from  the
   Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
   its place on the special order of third reading
 
 AN ACT to amend the insurance law, in relation to  allowing  victims  of
   domestic  violence  the  opportunity to designate an alternate address
   for health insurance claims or billing purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subsections (f) and (g) of section 2612 of the insurance
 law, subsection (f) as amended by chapter 246 of the laws  of  2005  and
 subsection  (g) as added by chapter 361 of the laws of 2006, are amended
 to read as follows:
   (f) If any person covered by an insurance  policy  issued  to  another
 person as the policyholder delivers to the insurer that issued the poli-
 cy,  at its home office, a valid order of protection against the policy-
 holder, issued by a court of competent jurisdiction in this  state,  OR,
 EXCEPT  WHERE  THE  INSURANCE  POLICY  WAS ISSUED BY A HEALTH INSURER AS
 DEFINED IN SUBPARAGRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H)  OF  THIS
 SECTION,  A  REQUEST  TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS, TELE-
 PHONE NUMBER OR METHOD OF CONTACT FOR THE  PURPOSE  OF  RECEIVING  CLAIM
 RELATED  INFORMATION IF THE PERSON STATES THAT DISCLOSURE OF ALL OR PART
 OF THE CLAIM RELATED INFORMATION COULD ENDANGER THE PERSON, the  insurer
 shall  be prohibited for the duration of the order, OR UNTIL THE REQUEST
 DESIGNATING AN ALTERNATIVE MAILING ADDRESS, TELEPHONE  NUMBER  OR  OTHER
 METHOD OF CONTACT IS CANCELLED BY THE REQUESTING PERSON IN WRITING, from
 disclosing  to the policyholder the address [and], telephone number [of]
 OR OTHER METHOD OF CONTACT FOR the insured, or [of] FOR  any  person  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06979-03-2
 A. 2519--A                          2
 
 entity providing covered services to the insured, ANY PERSONALLY IDENTI-
 FYING  INFORMATION OF THE INSURED, OR THE NATURE OF THE COVERED SERVICES
 PROVIDED TO THE INSURED,  OR  FROM  MAILING,  DELIVERING,  OR  OTHERWISE
 PROVIDING  CLAIM  RELATED  INFORMATION TO ANY MAILING ADDRESS, TELEPHONE
 NUMBER, OR OTHER METHOD OF CONTACT  OTHER THAN  AS  DESIGNATED   BY  THE
 REQUESTING  PERSON  PURSUANT  TO  THIS  SUBSECTION.    If a child is the
 covered person, the right established by this subsection may be asserted
 by, and shall also extend to, the parent or guardian of  the  child.  AN
 INSURER  MAY  REQUIRE A PERSON MAKING A REQUEST TO DESIGNATE AN ALTERNA-
 TIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD OF CONTACT PURSU-
 ANT TO THIS SUBSECTION TO: MAKE THE REQUEST IN WRITING; INCLUDE  IN  THE
 REQUEST  A STATEMENT THAT DISCLOSURE OF ALL OR PART OF THE CLAIM RELATED
 INFORMATION TO WHICH THE REQUEST PERTAINS COULD ENDANGER THE  PERSON  OR
 CHILD;  AND SPECIFY AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER, OR
 OTHER METHOD OF CONTACT.   FOR THE PURPOSE OF  THIS  SUBSECTION,  "CLAIM
 RELATED  INFORMATION"  MEANS  ALL  CLAIM OR BILLING INFORMATION RELATING
 SPECIFICALLY TO AN INSURED OR PERSON  COVERED  BY  AN  INSURANCE  POLICY
 ISSUED  BY AN INSURER OTHER THAN A HEALTH INSURER AS DEFINED IN SUBPARA-
 GRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H) OF THIS SECTION. The super-
 intendent, in consultation with  the  commissioner  of  health  and  the
 office of children and family services and the office for the prevention
 of  domestic violence, shall promulgate rules to guide and enable insur-
 ers to guard against the disclosure of the address and  location  of  an
 insured who is a victim of domestic violence.
   (g)  If any person covered by a group insurance policy delivers to the
 insurer that issued the policy, at its home office, (I) a valid order of
 protection against another person covered by the group policy, issued by
 a court of competent jurisdiction in this state, OR,  EXCEPT  WHERE  THE
 INSURANCE  POLICY  WAS ISSUED BY A HEALTH INSURER AS DEFINED IN SUBPARA-
 GRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H) OF THIS SECTION, A  REQUEST
 TO DESIGNATE  AN  ALTERNATIVE   MAILING   ADDRESS, TELEPHONE  NUMBER  OR
 OTHER  METHOD  OF  CONTACT  FOR  THE  PURPOSE OF RECEIVING CLAIM RELATED
 INFORMATION IF THE PERSON STATES THAT DISCLOSURE OF ALL OR PART  OF  THE
 CLAIM  RELATED  INFORMATION COULD ENDANGER THE PERSON, the insurer shall
 be prohibited for the duration of the order, OR UNTIL THE REQUEST DESIG-
 NATING AN ALTERNATIVE  MAILING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD
 OF CONTACT IS  CANCELLED  BY THE REQUESTING   PERSON   IN WRITING,  from
 disclosing  to the person against whom [the] A valid order of protection
 was issued the address [and], telephone number [of] OR OTHER  METHOD  OF
 CONTACT  FOR  the  insured  person covered by the order of protection or
 [of] FOR any person or entity providing covered services to the  insured
 person  covered  by  the order of protection, ANY PERSONALLY IDENTIFYING
 INFORMATION OF THE INSURED,  OR  THE  NATURE  OF  THE  COVERED  SERVICES
 PROVIDED  TO  THE  INSURED,  OR  FROM  MAILING, DELIVERING, OR OTHERWISE
 PROVIDING CLAIM RELATED INFORMATION TO ANY  MAILING  ADDRESS,  TELEPHONE
 NUMBER,  OR  OTHER METHOD OF CONTACT  OTHER THAN  AS  DESIGNATED  BY THE
 REQUESTING PERSON PURSUANT TO THIS SUBSECTION. If a child is the covered
 person, the right established by this subsection may be asserted by, and
 shall also extend to, the parent or guardian of the  child.  AN  INSURER
 MAY  REQUIRE A PERSON MAKING A REQUEST TO DESIGNATE AN ALTERNATIVE MAIL-
 ING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD  OF  CONTACT  PURSUANT  TO
 THIS  SUBSECTION TO: MAKE THE REQUEST IN WRITING; INCLUDE IN THE REQUEST
 A STATEMENT THAT DISCLOSURE OF ALL OR PART OF THE CLAIM RELATED INFORMA-
 TION TO WHICH THE REQUEST PERTAINS COULD ENDANGER THE PERSON  OR  CHILD;
 AND  SPECIFY  AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER, OR OTHER
 METHOD OF CONTACT.  FOR THE PURPOSE OF THIS SUBSECTION,  "CLAIM  RELATED
 A. 2519--A                          3
 
 INFORMATION"  MEANS  ALL  CLAIM  OR BILLING INFORMATION RELATING SPECIF-
 ICALLY TO AN INSURED OR PERSON COVERED BY AN INSURANCE POLICY ISSUED  BY
 AN INSURER OTHER THAN A HEALTH INSURER AS DEFINED IN SUBPARAGRAPH (B) OF
 PARAGRAPH  (1) OF SUBSECTION (H) OF THIS SECTION. The superintendent, in
 consultation with the commissioner of health, the office of children and
 family services and the office for the prevention of domestic  violence,
 shall promulgate rules to guide and enable insurers to guard against the
 disclosure  of the address and location of an insured who is a victim of
 domestic violence.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.